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Section 15. Science of law
Section 15. Science of law
Atahanova Gulzagyra Mahatovna, Al-Farabi Kazakh National University, candidate of jurisprudence, the Faculty of Law Kosmagambetova Layla, Al-Farabi Kazakh National University, undergraduate, the Faculty of Law Ospanova Ayzhan, Al-Farabi Kazakh National University, undergraduate, the Faculty of Law E-mail: B_ali_77@mail.ru
Manifestation of crimes against property in the new Criminal code of Republic of Kazakhstan
Abstract: In this article the questions of qualification are examined crime against property in accordance with the new Criminal code of Republic of Kazakhstan.
Keywords: criminal law, criminalization, court, Criminal Code.
One of the big news of this year of sheep in the country led to the implementation of legal reforms, including the reform of the criminal law. The main focus of the criminal policy is to improve the existing criminal law. To this end, since January 1, 2015, this new criminal and penal codes of criminal procedure adopted and came into force. Of the Criminal Code is the law of the country after independence. Old Code adopted on 16 July 1997 Today is at the bottom of the story. State criminal law is very important to have the right to order. Therefore, the times changed, because of the emergence of a new public think that it is forced to go to such reforms.
Many of the crimes, articles, chapters appeared, were some of the crimes. If you want real changes, which is currently experiencing a lot of change in crimes against property crimes. A crime against property crime is one of two in the manufacture of the court to say that, no more. And how is it reflected in the new Penal Code?
In 1997 the Criminal Code, which was adopted on July 16 of this Chapter 6 of crimes against property. In this chapter, items 175-188 in seven of the ten offenses.
New Special mortality 6th Chapter of the Criminal Code, criminal offenses against property, eighteen of the crime. The disappearance of the former projects in one of the crime, a crime is a criminal offense.
The new article 187 of the Criminal Code, which was adopted on July 3, 2014, petty theft is a criminal offense. Previously, this was one of the administrative offenses, offenses. Petty theft, a small amount of the theft of another’s property, fraud, embezzlement of purchase or to that of [1]. Three of seventeen article of the Criminal Code is theft of another
property in this caused damage to the owner or other owner of the property, or other rights of the people in favor of the mercenary motives of the person found guilty of anti-free removal and (or) spin. Insignificant amount of not more than ten monthly calculation of the property owned by the entity owned by an individual, or the value of the property does not exceed two monthly indexes [1].
This is a violation of the Code ofAdministrative Offences before, there must be no more than ten times the monthly index [2]. The law refers to a new proj ect, it is a criminal offense. That is, through the criminalization of the Criminal Code.
Replaced by a new term changes theft, misappropriation of the term of the Criminal Code.
Some changes with regard to the crime of theft. Theft, theft of another’s property is hidden [1]. This is due to the advance of the crime aggravated by a group of people, a few times, residential, office or industrial premises, storage or transport illegal on the sign, as well as unauthorized access to the information system and information and communication network as a way to change the information provided by the theft [2]. Former canceled in contrast to the Criminal Code, which was adopted on July 13, 1997 relating to the composition of the oil- and -gas pipeline theft aggravating. Included in the new Code innovative information system, illegal access or change the information provided by the information and communication network introduced a new crime of theft by staff. Aggravating composition of the legislature put a large amount of the theft. Aggravated by the structure of the criminal group, made of oil-and-gas pipeline, the largest amount. Criminal group is an organized group,
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The new Criminal Law
a criminal organization, the criminal community, transnational organized group, transnational criminal organizations, transnational criminal and terrorist groups, extremist group, gang, is illegal paramilitary structure [1]. Legislative group organized criminal group referred to the new law, a criminal organization, etc. to introduce the concepts. Former adopted on July 13, 1997, the Criminal Code, it ceases to relate to a crime committed by an organized group in the composition
of the heavy component [2], and he referred to the structure of the most aggravating. I. e. criminal groups, criminal organizations, and other responsibilities of the crimes committed by the same group. More than 500 large and a large amount of damage to the monthly cost of real estate in excess of the amount of damage, and the largest amount in the amount of more than 2000 times the value of the property and provided that the amount of damage [1].
References:
1. Crime Code of the Republic of Kazakhstan, 3rd July 2014. - No. 226-V.
2. Administrative Offences Code of the Republic of Kazakhstan No. 155 dated January 30, 2001. Code of the Republic of Kazakhstan dated 05.07.2014. - No. 235-V invalid.
3. Criminal Code of the Republic of Kazakhstan, July 16, 1997. - No. 167 LRK. July 3, 2014 of the Republic of Kazakhstan invalid Code - No. 226-V.
Beysenova Meruert Kylyshbaevna, Al-Farabi Kazakh National University, candidate of jurisprudence, the Faculty of Law
Togaybayev Ruslan, Al-Farabi Kazakh National University, undergraduate, the Faculty of Law E-mail: B_ali_77@mail.ru
The new Criminal Law
Abstract: In this article experts’ opinions about the reasons and the features, about the innovations introduced in the New Code of the Republic of Kazakhstan are described which is in force from 2015.
Keywords: Humanitarian principles, crime, economic pressure.
The New Criminal Code came into force on the 1st of January, 2015, to nominate the strategy of the President’s message called “Kazakhstan-2050” “The new political trend of a developed state”.
The reasons of adopting the new Code: many changes took place in our country from 1998 till this morning. If we count them: the development of the country’s economics flow into new market direction, appeared new information crimes, medical crimes, kind of terrorist offenses, bribery began to grow. That’s why the old Code could not answer them. We need new Criminal Code to prevent from so-called crimes.
If we name features and innovations of the new Code: first of all Criminal violation divides into two according to its degree of hazard identification and punishment to public: crimes and criminal offences. According to new Code, dangerous action (action or inactivity) to public is called crime, but criminal offence is an action, which is not dangerous but probability of an action that brings intangible harm to humans or to public, to country. The second, there are forty six articles from the Code ofAdministrative Offences, there are one hundred and three articles from the Criminal Code in force and new seven articles, that are from one hundred and fifty six articles composed kind of criminal offences introduced into law. The whole new Code consists of general and special sections:
seven parts, eighteen items and all together four hundred and sixty seven articles. New items: the seventh item is about informational and communicational criminal offences, the twelfth item is about medical offenses are added. First discovered new articles that are part of the crime are to clown people; illegal actions in the adoption of a child; illegal export of minors abroad; during armed concern criminal offences of international humanitarian law; to organize the bases for the preparation of mercenaries; to organize extremist groups and petty extortion; to put a person to rule the airplane or ship, who is not a specialist in, such a new components of the crime are introduced into the Criminal Code. The third, the New Criminal Code is based on the principles of truthfulness, humanitarian, equality of citizens before the law, only they are responsible when they are guilty. According to the law principles the concept of crime and punishment are given only in the Criminal Code. Offender shall be punished by the same criminal liability regardless of gender, nationality, origin, property or official position, religious belief, despite the attitude of public organizations and political parties before the law. To ensure the safety of a person and citizen is the sincere purpose of the New Criminal Code of the Republic of Kazakhstan. That’s why to committed a serious crime, to organizers of crime, to the active participants of criminal
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